The Colonial Trade Mark Regime: Parallel Rationales, Theories and Frameworks

Abstract

This paper considers the historical foundations of trade mark law in Australia. Its focus is on the middle to later part of the nineteenth century and into the early part of the twentieth century, predating the first Commonwealth Trade Marks Act. This is because it was during this period that the legislative framework for trade mark protection was first established under the colonial trade mark regime, and some of the most important features of modern trade mark law developed.

Keywords: Trade marks, trademarks, history, colonial Australia

JEL Classification: K10, K19